The Libertarian Party and Green Party and their 2012 candidates for president are readying a legal complaint against the Commission on Presidential Debates, hoping that a new legal argument — an anti-trust argument — will break the “duopoly” that’s dominated the stage.
The legal complaint, which was sent early to The Washington Post, argues that a “cognizable political campaign market” is being corrupted by the commission’s rules. The commission, a private entity set up after the League of Women Voters’ 1992 debates allowed third party candidate Ross Perot to participate, has withstood yearly assaults from the likes of Ralph Nader, Pat Buchanan, and former Congressman Bob Barr. None of them have gotten past a 1999 commission rule: No candidate gets onstage unless he or she is polling at 15 percent or better.
Bruce Fein, the attorney for the new plaintiffs, argues over 43 pages that keeping them out of a “multi-billion dollar” market violates “antitrust laws, the First Amendment, and District of Columbia tort law.”